Part 12Entities controlled etc by local authorities

212Entities controlled etc by local authorities

(1)

An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.

(2)

The Secretary of State may make an order under this section in relation to—

(a)

all English local authorities;

(b)

English local authorities of particular descriptions;

(c)

particular English local authorities.

(3)

The Welsh Ministers may make an order under this section in relation to—

(a)

all Welsh local authorities;

(b)

Welsh local authorities of particular descriptions;

(c)

particular Welsh local authorities.

(4)

An order under this section may also include provision which requires, prohibits or regulates—

(a)

the taking of specified actions by a local authority in relation to entities connected with the local authority;

(b)

the taking of specified actions by members or officers of a local authority who are qualifying persons.

(5)

An order under this section may make provision in relation to—

(a)

every entity connected with a local authority;

(b)

such entities of a particular description.

(6)

For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—

(a)

it is an entity other than the local authority; and

(b)

according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.

(7)

In this section—

“actions” includes courses of action;

“English local authority” means a local authority in England F1, and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales;

“entity” means any entity, whether or not a legal person;

F2“financial year” means a period for which—

(a)

a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, or

(b)

accounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;

“local authority” means any body which—

(a)

is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), apart from a police and crime commissioner F3but including a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; and

(b)

F4in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;

“qualifying person” means a person who—

(a)

is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or

(b)

is a member or director of such an entity or the holder of any other specified position in relation to such an entity;

“specified” means specified, or of a description specified, by the order;

“Welsh local authority” means a local authority in Wales.